Missed the inheritance acceptance deadline for a valid reason: what to do under Georgian law

What to do

1. First check whether the deadline has actually been missed. The general deadline for acceptance is 6 months from the day of opening of the inheritance (Civil Code Art. 1424). If within the first 6 months you lived in the house, paid the bills or took the belongings, the inheritance was already accepted in fact and no court extension is needed. If you were called to the inheritance because other heirs did not accept it, accept within the remaining period; if less than 3 months remain, the period is extended to 3 months (Civil Code Art. 1425).
2. First route, without a court: if ALL heirs who have accepted the inheritance agree (Civil Code Art. 1426). The consent is formalised at a notary and may even be given after other heirs have already received a certificate of inheritance (Instruction on the Procedure for Notarial Acts, Art. 90).
3. Second route, court: the court extends the deadline if it recognises the reasons for the delay as valid (Civil Code Art. 1426). Prove the reason and how long it lasted: illness, not knowing of the death because there was no contact, obstacles to travel. File as soon as the reason has ceased.
4. What the late heir will receive (always state this, even if the property has been registered or sold): the late heir receives in kind what remains of his or her share with the other heirs or the state, plus the value of the rest (Civil Code Art. 1426); property sold before the dispute remains sold, and the proceeds are transferred to the true heir (Civil Code Art. 1429); good-faith heirs who did not know of closer heirs keep the income received before the claim (Civil Code Art. 1428).
5. Procedure: the claim is filed at the testator's last place of residence; if a citizen of Georgia lived abroad, at the last place of residence in Georgia or where the property is located (Civil Procedure Code Art. 16); state duty on an inheritance claim is 1% of the claim value, not less than GEL 50 (Civil Procedure Code Art. 39); defendants are the heirs who accepted the inheritance; the claims concern the extension of the deadline, recognition as having accepted, and the share.
6. Where to apply: notary, for the consent of co-heirs; district (city) court; Public Registry.
7. Evidence: death certificate, documents on kinship, medical certificates, evidence of life abroad and of late notification (correspondence, passport stamps), certificates of inheritance issued to other heirs.
8. Traps: “restoration of the deadline within 6 months after the reason has ceased” is a rule of the Russian Civil Code. Under the Civil Code of Georgia the court extends the deadline without a separate period, but delay weakens the validity of the reason. Requesting an extension when the inheritance has already been accepted in fact. Expecting to get sold property back in full: only the proceeds or its value will remain.

Be sure to check

• the 6-month deadline and the special deadline for heirs called after others
• the consent of all accepting heirs as the route without a court
• extension by the court for a valid reason, and what must be proven
• what the late heir receives: what remains in kind, the value of the rest, and the proceeds from what was sold
• jurisdiction and state duty